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SP92-05 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY,MN 55432 (612)571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL USE PERMIT APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: l 2-5O - /Z 6 o M<ss t 5s i PPi �,r AI Property Identification Number(PIN)_-R/3 A o z A� 3 i ©o8z Legal description: SEE At-TTAr-f1E'D SR o?,/ d p&-5cR1P1 v,0y Lot Block' Tract/Addition Current zoning: ' — Square footagetacreage /`4150 4 +- Reason for special use permit: 2 A✓o Accwsso RY Su"/A/� 2.2 X x 4 Section of City Code: Have you operated a business in a city which required a business license? Yes No ✓ If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME_ �,QALI) # PgW L � DoZoM 7- ?'dfL. ADDRESS 1Z So M/5S6ss i PP/ S7- NE 71 454 j D-A TIME PHONE 78 y�y8y� SIGNA DATE PETITIONER INFORMATION NAME 6",0Y_.P 77 AW14 ADDRESS 5;T/1/C D E PHONE 78 q- VS 5b2 SIGNAT DATE !VW2Z Z. Fee: $200.00 $100.00 ✓for residential 2nd accessory buildings Permit SP# q'L-oS_ Receipt# V-5711 Application received by: Scheduled Planning Commission date: _`1'Y?(1,U Z725127-- Scheduled 51Z___Scheduled City Council date: 111 l No✓� Zia ��� � `f ��'" � � 1ST Awd— f k �-l-- Mxo 4p-, I Le, M 70 - 1-7�l �Ve6,v-� -F -� &t-al -Z--ozIAIke, /glev - Iq7d y - U F A X T R A! N S M I T T A L T0: �, �t NO.OF DEPT: _._ FAX�f: PAGES FROM: -' PHONE: CO: FAX#: GSI-LI Post-It"brand fax transmittal memo 7671 GUD.VJ.JO. 34. Home Occupation. Any occupation or profession engaged in by the occupant of a dwelling unit and carried on within the unit and not in an accessory building. Any home occupation shall be clearly incidental and secondary to the ) principal use of the premises and shall not change the residential character. The following are criteria of home occupations: A. Professional offices, minor repair services, photo or art studios, dressmaking, teaching and similar uses. B. No stock in trade is stored outside the dwelling unit. C. No over the counter retail sales are involved. D. Entrance to the home occupation is gained from within the structure. E. Teaching is to be limited to six (6) or less students at any given time. F. Licensed home based Family Day Care that serve twelve (12) or fewer children when one (1) care giver is provided and licensed home based Group Family Day Care that serve fourteen (14) or fewer children when two (2) care givers are provided, as defined by the Minnesota Rule, Parts 9502.0300 to 9502.0445. (Ref. 864) G. In addition to spaces required by the occupant (family), there is no need for more than two (2) additional parking spaces at any given time. H. Employees shall consist of members of the immediate family only. 35. Hospital. An institution open to the public, in which sick or injured persons receive medical, surgical or psychiatric treatment. 36. Hotel. A building consisting of six (6) or more guest rooms and designed for occupancy as a temporary lodging place of individuals. 37. Integral Part Of A Principal Structure. Constructed in general conformity to the principal structure in terms of framing, finishing and overall use. 38. Junk Yard. (Automobile Recycling Center) An open area where waste and used materials are bought, sold, exchanged, stored, packed, disassembled or handled as a principal use, including scrap iron and other metals, paper, rags, rubber, wire and bottles. A junk yard includes an automobile wrecking or salvage yard, but does not include uses that are entirely within enclosed buildings or City Council approved { recycling centers. 10/90 205-6 11J COMMISSION APPLICATION REVIEW FILE NUMBER FILE DATE MEETING DATE FILE DESCRIPTION sp #92-05 C11YOF 27 5/ 1/92 5/27/92 s xRthy Pehl - Allow` a .second c66fo FRIDLEY J buil`clin ` COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. ❑ BARB D. COMMENTS ( AAICHEL M. MA K W. EA,JOHN F. LYDE W. LYDE M.5--? 1�� � s �, o 6?x/5_7�,vG `LEON M. Vilm H. CHUCK r cool e � : f I� GtaYwz �cf' PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, May 27, 1992 at 7: 30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #92- 05, by Gerald and Dorothy Pehl, per Section 205. 08.O1.C. (1) of the Fridley City Code, to allow a second accessory building over 240 square feet, on the North 213 .0 feet of that part of Lot 15, Auditor's Subdivision No. 88, lying East of Moore Lake Highlands lst Addition except the South 85 feet thereof and also except the North 33 feet thereof, generally located at 1250-1260 Mississippi Street N.E. Hearing impaired persons planning to attend who need an, interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than May 20, 1992 . Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Fridley Community Development Department at 571-3450. DONALD BETZOLD CHAIR PLANNING COMMISSION Publish: May 12, 1992 May 19, 1992 City of Fridley PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Frididy Planning Commission at the Fridley Municipal Center,6431 University Avenue N.E.on Wednesday,May 27, 1992 at 7:30 p.m,for the purpose of: . Consideration of a Special Use Permit,SP k92- 06,by Gerald and Dorothy Pahl,pea Section 205.08-01-21) of the Fridley City Code,to allow a second accessory building over 240 square feet, on the North 213.0 feet of that part of Lot 15, Auditor's Subdivision No.88,lying East of Moore Lake Highlands fat Addition except the South 85 feet thereof and also except the North 33 feet thereof, generally located at 1250-1260 Mississippi Street N.E. Hearing impaired persons planning to attend who need an interpreter or other persons with dis• abilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than May 20, 1992. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this Mem may be referred. to the Fridley. Community Dgvelopment Department at 571-3450. DONALD 8MOLD CHAIR PLANNING COMMISSION (May 12,19 1992)Fridley,Col.Hts. Planning 5/8/92 SP 492-05 Gerald and Dorothy Pehl MAILING LIST Council Gerald and Dorothy Pehl Warren Spaeth 1250 Mississippi Street N.E. 6516 Channel Road N.E. Fridley, MN 55432 Fridley, MN 55432 Sandee's Restaurant Thomas Benjamin 6490 Central Avenue N.E. 6500 Channel Road N.E. Fridley, MN 55432 Fridley, MN 55432 Margaret Brickner Richard Schwalbach 1282 Mississippi Street N.E. 6501 Pierce Street N.E. Fridley, MN 55432 Fridley, MN 55432 Steven Fischer Richard Lekang 1288 Mississippi Street N.E. 6517 Pierce Street N.E. Fridley, MN 55432 Fridley, MN 55432 Joe Randall David Kramber/Cur. Res. 1210 Mississippi Street N.E. 1299 Mississippi Street N.E. Fridley, MN 55432 Fridley, MN 55432 Allan Golubowicz David Kramber 1220 Mississippi Street N.E. 2013 - 29th Avenue N.W. Fridley, MN 55432 New Brighton, MN 55112 Florence Gouldon Current Resident/Manager 6448 Pierce Street N.E. 6501 Channel Road N.E. Fridley, MN 55432 Fridley, MN 55432 Sharon Sandberg John Czec� 6436 Pierce Street N.E. 1417 Missis'§ippi Street Fridley, MN 55432 New Brighton, MN 55112 Della Burmis Floyd Torgerud 6459 Pierce Street N.E. 322 Kelsey Street Fridley, MN 55432 Delano, MN 55328 Miles Hedlund Current Resident 6449 Pierce Street N.E. 6534 Central Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Leonard Bergman Current Resident/Manager 6435 Pierce Street N.E. 6531 Channel Road N.E. Fridley, MN 55432 Fridley, MN 55432 Byron Larson Planning Comm. Chair 1260 Mississippi Street N.E. Fridley, MN 55432 City Council Members z < r- � r a fit, t Ks g AS arse//L. �frSyie�A. ' 7S Do.(rres If'acbiri ° 17 H z4D /00 y j- _ .� 2( �4) su of / i N o (,7 !ve'w. P. Ask cr. _ } 1-9�I SMS' ridA fersoYr /a6 >as .� O V oe.flirnrls "� /�da� : 'I aJt o /6 I �` 2 '1,0 �'��� W ".�`� a t w MEMORANDUM TO: Barbara Dacy, Community Development Director PW92-148 y FROM: John G. Flora, Public Works Director ' DATE: May 13, 1992 SUBJECT: Special Use Permit at 1250 Mississippi Street It is proposed that an accessory building is to be constructed to the rear of 1250 Mississippi Street. The proposed location of the accessory building will be placed over an existing sanitary sewer line. The Engineering staff does not have a problem with the structure being placed on a slab over the sanitary sewer line as long as a Hold Harmless Agreement is executed, which relieves the City of any responsibility to the structure as a result of repairs or replacement of the sanitary sewer line. Recommend that a stipulation to the permit requiring a Hold Harmless Agreement be obtained prior to issuance of the special use permit. JGF:cz cm0F MDLff 11K SP 492-05 ., 4 i Land Planning 075-Ni fhiroy S&E.f(t&ff&M Card Sww yc MinnieoPo%s 21, Sails Testing,: ENGINEERING, INC. M;nnrsofa Cavil&Municipal` r SUnset4 6066 En9ineer;n9 En sneers Survegors 9 certza tate of suave f eR . Na,- f 1, /f n c- .o �'o f IS�A ., d. -5 d, b 1 3,0r¢ i I o J N ! 84 e t - 3ct'b N _ #izaz v ! 44 The North -213,0 feet of that part of Lot 15 Auditorts Subdivision No. 88 Anoka Countyp Minnesota lying East of Moore Lake Highlands lst'Addition except'. the South 8500 feet thereof and also except the North 33.0 feet thereof,' /hereby cerh y fhof&.5 is a bw and w ed repmsenfafkno�'a survey e&-bwnder;es jP, & above &scr:6ed fwd An�d or&locabon,Fall by ldiny5,hiemon,arad oll risible ovmchmeals,it'any,*or artsaid land. As svrve_yed 6,y me A_'�.1 _ A.0 1.9jL", SU8 URBAN ENG1NEE2/N6, INC. , Engineers E~ Sur11e5yorA_-,; • a ~ i 'C a W -% rA \ W /e. 3 pie/I NX Rte �� � o�1 ° • z •�R� a _ �J 0�� s Nry� I �44•�a 9° � o ___ _.70..♦ of '" 4'4-!r'� � � b w DELLWOOD DR. o� �.� /Bo / G o o �oJ doll J go��.! -go..J ON a Vr 3' � \�. 4^ ti. � �, so � 90✓ o 0 0 0 0 0 r- PIERCE ". ST. Z I . ti ' a ' ffu TO. LA Z 0 w d �` 0 ci .3 iss. •i 11 ✓�B�e i 3 • � � 3 0 ,o '27"77 10. /Ia 3S /.20.31 IZG..3Z 6O /Zf /�S /;5 N3•Z6 AU6 33 45 i H _ s STAFF REPORT Community Development Department Appeals Commission Date Planning Commission Date : May 27, 1992 City Council Date: June 29, 1992 August 17, 1992 REQUEST Permit Number SP #92-05 Applicant Gerald and Dorothy Pehl Proposed To allow construction of a second accessory building over Request 240 square feet. Location 1250-1260 Mississippi Street N.E. SITE DATA Size 13,005 square feet Density Present Zoning R-2, Two Family Dwelling Present Land Use(s) Duplex Adjacent C-1 , Local Business to the East; R-2, Two Family Dwelling to Zoning the South; R-1 , Single Family Dwelling to the West. Adjacent Land Use(s) Commercial to the East; duplex to the South; Single Family to Utilities the West. Park Dedication Watershed District Rice Creek ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMMENDATION Staff Approval with stipulations. Appeals Commission Planning Commission Approval with stipulations. Author MM/dn Staff Report SP #92-05, Gerald and Dorothy Pehl Page 2 Request The petitioner requests that a special use permit be granted to allow construction of a second accessory building over 240 square feet. The request is generally located at 1250 and 1260 Mississippi Street N.E. Site Located on the property is a two family dwelling. The property is zoned R-2, Two Family Dwelling. There is additional R-2 zoning to the south, C-1, Local Business zoning to the east, and R-1, Single Family Dwelling zoning to the west. Analysis The petitioner is proposing to construct a 22 ' x 24 ' accessory structure in the southeast corner of the subject property. The proposed use of the accessory structure is for a wood working shop. The accessory structure will have one 8 ' overhead door which will face Pierce Street in addition to a service door which will provide access into the structure. The petitioner proposes to locate the second accessory structure over a ten inch sanitary sewer line. The Engineering Department has given permission to the petitioner to locate the accessory structure in this location with the condition that a hold harmless agreement be executed which would relieve the City of any responsibility to the structure should repairs and maintenance need to be completed on the line. The City also needs to execute a utility easement with the petitioner for the location of the sanitary sewer line. The petitioner proposes that the structure will be architecturally compatible with the existing dwelling, and an additional curb cut will be required from Pierce Street for the second accessory structure. Staff understands that the shop is for a private hobby; however, the petitioner should be aware that the zoning ordinance prohibits the use of the accessory building as a home occupation (see attached code section) . Recommendation Staff recommends that the Planning Commission recommend approval of the special use permit request, SP #92-05, for a second accessory building over 240 square feet, with the following stipulations: 11E , r ti Staff Report SP #92-05, Gerald and Dorothy Pehl Page 3 1. The accessory structure shall be architecturally compatible with the existing dwelling unit and shall not exceed 14 feet in height. 2. The petitioner shall convey a ten foot utility easement for the sanitary sewer line. 3. The petitioner shall execute a hold harmless agreement which releases the City of any liability to the accessory structure as a result of repairs or replacement of the sanitary sewer line. 4. The accessory building cannot be used for the conduct of a "home occupation" as defined in the zoning code. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council with the stipulations as recommended by staff. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission recommendation. 11F SP 492-05 Gerald/Dorothy Pehl S 11P SEC. /3, T. 30, R 24 C/TY OF FRIDL EY 14 0 I I I I I 311 I � pnq Ell sE aswa Ali 9Jr 2 3 3 + ) NU IT to «>SU Int/1 Nx .l`/ NO. LO, 27 ° o ° tn� .�1a�~ 3 1� 12 O \�k•N ,°I }� °rEi rw v. °�Ar no�/s "ors«?/.� (eo,> w /9 w L W /6 (`a 2; Z4Cgi° (�) _ �' AVE. 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(%I `(71)x� rir,:'q°✓�B lLLS /OrM O.L 23 :ff ...r r ow 5 V10 ✓!C. % fiNh� /►�.!/VfI' ` �,. 1 1 -•+ i rx •N NO 22 �• __-�' a � 1„.,macAll s .ra H/ L / 034 43 (21 3A LOCATION MAP ! ■■■■r��., u � ■■�■�+�`�I ■■■ ■■ ■■■■ Imom 1■■■ _ uiir. rrAM a i7!\�1 :/ ►. iii 1 own Sam 715 E I a' ` i► i■si name 00-0 IS ♦ • ><�♦♦♦♦� ,moi � �� E■umung ■■■.....�':��.■ �j ♦♦•♦♦ ♦♦r. •>♦� �•� .� ♦ � ►♦♦♦♦♦♦♦♦ vii ♦♦♦♦ • I I / ' �'���,1; ALMLaL ♦ ► � ♦♦ `♦♦elect♦♦♦♦♦♦ee♦e♦♦♦1� ♦♦♦�+♦►.e.e.♦.� ��.��� ♦♦♦♦♦♦e♦♦' •tee•► ♦ o♦� , i .�' al. ��•<►J♦♦ ►e♦♦♦♦♦♦ ' e♦e'♦♦♦ . : . ♦♦i♦ioi♦e♦i♦i♦..�%•o♦i►i►i♦ieie � A � � . ♦ieiei♦i♦i::`iei�ie•�'►l►♦i♦iei ��e'.�'.� Mass Ei♦e♦s •, •♦eo�•s ♦ee �®��• - �+��►3:'i���'�!►♦iii♦i♦i�® SP 1192-05 Gerald/Dorothy Pehl Plonnin9 075_,liI envy ACS N Sc.rveyin9 Minnpu�lis S Testrn9 x EN G I NEE RI N G, INC. M'QE6 b Muniupal v»,,;� .ft6?se �? n r � erin9' f � � �� E ; sneer SU _ �; , � �► � T A rtscate o suave tot NarfA lii,c- .7 { laf JSrA�• d, S �•/�. /1/0 £�f' SS t S S,/f-' 'i S T T �. X CZ-_ '�T/0Al r9 I�oX. �GG*T/dn) y` S � � r I 50 t r r $ '- o -Z /5 IIJA The North -27.3.0 feet of that part of Lot 15 Auditorts Subdivision No. 88 Anoka County$ Minnesota lying East of Moore Lake Highlands : let Addition exeept. the.South' 8500 feet thereof and also except I the North 33.0 feet thereof° '' I hemby cerh y fW lb6 rs a free and cor-red representation o�'a survey q'ffae bwnde,,es q'# ebdw aFwi6ed lands locvfion o�'o/l t+vi/din95, mon orxf ol/risrb/e uw ovchmenfs,�Cany,fmn a ave said/and. As surveyed byme tfus —_ 42 Z A.D. SUB RLMN ENGINEERING, INC. 3C, OKIQOIAI CITE PLAN SP #92-05 Gerald/Dorothy Pehl Land hlonnirr� 6875.,gl9hnl Latkt Su'veyiny M//1 Soils resh;iy ENGINEERING, INC. GVrl&Afunkpol Sur, En rneerrn � y Engineers Sur veors certaxicatre of surve Fo /y o r tri %i r.C. �• ,!.d f /5'1,4 11. d 5 e.,b./. "K, �.. i r � Q v __4 N �{ 4L j Do ES,✓or/.✓[LUPE 4 /O•, duve- /-SIDES •` tJ \ ` .. .r L• !%i r I�F J i"•� I, r -_ r.`. •,.,moi' L� � �, OF The Forth 213.0 .feet of that part of Trot 1K Auditor's Subdivision No. H Anoka County, 14ir_nesota lvina Fast o.- I•Soore Lake Highlands 1st Addition except the South' $[00 feet thereof and also except the North 33.0 feet thereof. l hereby cer}i{y tfio><61'1 rs o Prue and correct representation Ora surrey orthe bcvnderies oPlhe aban- descr%, #Ph/acq//0,7 at'a/l burldin9s,Ihcreon,and all risib/e U•avgchmeds,if any,ffrm or as said land. As suryTd by me tlu 4"ffF .SUB UP S" ENGINEERING, INC. 3a119incas 6 Suc'✓tyors ,. SP #92-05 Gerald/Dorothy Pehl 50.00 -- �r-44.91 --� SIPPI 73' h1 ---153.16-- F- o EXIST. TWIN 3.07 I IL I HOME I �I 12.87- i I 14.25-- , 8.74 IN !� t , 1 1 � L CITY O SANITARY SEWER LOCATION @ 1250 MISSISSIPPI ST. FRIDLEYDRN, R�� DATE, 5%22/92 SCALE, 1'= 50' SP 492-05 Gerald/Dorothy Pehl 50.00 -- ��-44.91 SIF1PI `^T�TREET — r�73*8'3» r i 100 11 r� ---153.16 i F— � ' la EXIST. TWIN 3.07 0� HOME I 1� --152.66-- 14.25"/ 1 , 8.74 ui �v l ,?- = CITY O SANITARY SEWER LOCATION @ 1250 MISSISSIPPI ST. F RID" LEY DRN: RRS DATE, 5/22/92 SCALE, 1'= 50' P• CITY OF FRIDLEY PLANNING COMMISSION MEETING, MAY 27, 1992 CALL TO ORDER: Chairperson Betzold called the May 27, 1992, Plan 'ng Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Don Betzold, Dave Ko rick, Dean Saba, Sue Sherek, Brad S' laff Members Absent: Connie Modig, ane Savage Others Present: Barbara D y, Community Development Director Michele cPherson, Planning Assistant Geral Pehl, 1250 Mississippi Street N.E. Rus 11 Humphrey, 8100 East River Road APPROVAL OF MA 13 1992 PLANNING COMMISSION MINUTES: MOTION by r. Saba, seconded by Mr. Kondrick, to approve the May :PO 3, 199 , Planning Commission minutes as written. A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD bECLARED MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #92-05, BY GERALD AND DOROTHY PEHL: Per Section 205.08.01.C. (1) of the Fridley City Code, to allow a second accessory building over 240 square feet on the North 213 .0 feet of that part of Lot 15, Auditor's Subdivision No. 88, lying East of Moore Lake Highlands First Addition, except the South 85 feet thereof and also except the North 33 feet thereof, generally located at 1250-1260 Mississippi Street N.E. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:32 P.M. Ms. McPherson stated the property is located at the intersection of Mississippi Street and Pierce Street and west of Central Avenue. 3H PLANNING COMMISSION MEETING, MAY 27. 1992 PAGE 2 Ms. McPherson stated the property is zoned R-2, Two Family Dwelling. There is additional R-2 zoning to the south, C-1, Local Business zoning to the east, and R-1, Single Family Dwelling zoning to the west. Currently located on the property is a two family dwelling. Ms. McPherson stated the petitioner is requesting a special use permit to allow the construction of a 22 ft. by 24 ft. second accessory building in the southeast corner of the property. The proposed use of the accessory structure is for a woodworking shop. The accessory structure will have one 8 foot overhead door which will face Pierce Street on the west wall of the accessory structure, and there will be a standard service door to provide access into the structure. Ms. McPherson stated the petitioner is proposing to locate the second accessory structure over an existing ten inch sanitary ,sewer line. The City does not have an easement for the location of this sewer line; however, the Engineering Department has surveyed the property and located the sewer line and has drawn up an easement document which has been given to the petitioner for execution. The petitioner's legal counsel will review the document prior to executing the document with the City. The easement is necessary as it allows the City access onto the property should the line need repair or maintenance. Ms. McPherson stated a hold harmless agreement should also be executed between the petitioner and the City to ensure that the City will not be held liable if the structure is damaged in any way should the City need to access the utility line for maintenance and repair. Ms. McPherson stated the Commission has a memo from the Engineering Department stating the City has no problem with the location of the proposed accessory structure. Ms. McPherson stated the petitioner is proposing that the structure will be architecturally compatible with the existing dwelling, and no additional curb cuts will be required for the accessory structure from either Mississippi Street or Pierce Street. Ms. McPherson stated the petitioner needs to be aware that the Zoning Ordinance prohibits the use of the accessory building for a home occupation. A section of the Zoning Ordinance regarding home occupations was included in the Commission's agenda packet. Ms. McPherson stated staff is recommending that the Planning Commission recommend approval of the special use permit request, SP #92-05, for a second accessory building over 240 square feet, with the following stipulations: PLANNING COMMISSION MEETING, MAY 27, 1992 PAGE 3 1. The accessory structure shall be architecturally compatible with the existing dwelling unit and shall not exceed 14 feet in height. 2 . The petitioner shall convey a ten foot utility easement for the sanitary sewer line. 3 . The petitioner shall execute a hold harmless agreement which releases the City of any liability to the accessory structure as a result of repairs or replacement of the sanitary sewer line. 4. The accessory building cannot be used for the conduct of a "home occupation" as defined in the zoning code. Mr. Pehl stated woodworking is his hobby and he is now nearing retirement. He has always had his shop in the garage, and the cars have had to sit outside. He would like to build the second accessory structure for his woodworking shop. He will then be able to have his cars and his woodworking equipment inside. Mr. Pehl stated he will need to provide a curb cut to provide access to the structure in order to bring in tools and machinery. Mr. Betzold stated his only concern would be the noise of the machinery. Should they put a restriction on the hours of operation? Mr. Pehl stated he had a woodworking shop in his garage when he lived in New Brighton from which he moved a few months ago. He never had any complaints from the neighbors. He seldom works late at night. Mr. Pehl stated the building he is proposing will be fully insulated so the sound will be muffled. The machines are also not running continuously. He will certainly make every effort to not disturb the neighbors. Mr. Saba stated he did not think they want to add any stipulation regarding hours of operation. Any complaints can be handled through the normal code enforcement process. Ms. Sherek agreed. She stated that where this property is located on Mississippi Street, the people in this area are certainly used to living with noise. Ms. Dacy stated staff wanted to make the home occupation ordinance clear to the petitioner, because what may be a hobby now for retirement may turn into some type of small business in the future, and staff wanted to make sure the petitioner knew that would be contrary to the ordinance. 3J PLANNING COMMISSION MEETING, MAY 27, 1992 PAGE 4 Mr. Pehl acknowledged that he understood the ordinance requirements. MOTION by Mr. Saba, seconded by Ms. Sherek, to .close the public hearing. UPON A VOICE 'VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:45 P.M. MOTION by Mr. Sielaff, seconded by Mr. Kondrick, to recommend to City Council approval of special use permit, SP #92-05, by Gerald and Dorothy Pehl, per Section 205.08.01.C. (1) of the Fridley City Code, to allow a second accessory building over 240 square feet on the North 213.0 feet of that part of Lot 15, Auditor's Subdivision No. 88, lying East of Moore Lake Highlands First Addition, except the South 85 feet thereof and also except the North 33 feet thereof, generally located at 1250-1260 Mississippi Street N.E. , with the following stipulations: 1. The accessory structure shall be architecturally compatible with the existing dwelling unit and shall not exceed 14 feet in height. 2 . The petitioner shall convey a ten foot utility easement for the sanitary sewer line. 3. The petitioner shall execute a hold harmless agreement which releases the City of any liability to the accessory structure as a result of repairs or replacement of the sanitary sewer line. 4. The accessory building cannot be used for the conduct of a "home occupation" as defined in the zoning code. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated this item will go to City Council on June 29, 1992. 2. REVIEW OF RESEARCH REGARDING CAR WASHES IK--'E C-1 LOCAL BUSINESS DISTRICT: Ms. McPherson stated that at the ast meeting, the Planning Commission reviewed two items f he property at 8100 East River Road. One item was a rezoni request to rezone the property from C-1, Local Business, to C , General Business. The second item was for a special use pe I to allow a car wash in the C-2 district. Ms. McPherson ated the Commission directed staff to conduct an analysis t etermine if it would be feasible to amend the C-1, Local B iness district, to allow car washes as a special use r , FRIDLEY CITY COUNCIL MEETING OF AUGUST 17, 1992 PAGE 13 Mr. Thompson stated that there may also be safety issues involved, and he needs to find out, from a practical standpoint,Xaye, nd issues are. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all votedMayor Nee declared the motion carried unanimously. 9. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 19 O CODE OF THE CITY OF FRIDLEY ENTITLED "USED MOTO EHICLES " BY DELETING SECTION 19. 07 "BOND, " AND CREATING P OVISIONS FOR JOINT LICENSE APPLICATIONS AS A MOTOR VEHICLt BODY REPAIR BUSINESS AND USED MOTOR VEHICLE DEALEK AND AMENDING SECTION 19. 04 , "FEE": Ms. Dacy, Community Development Direct r, stated the City recognizes that some of the auto body re it businesses also sell used cars after they have been repaired She stated that in terms of obtaining a license from the City it may be easier for these persons to apply for a joint license She stated that an amendment is also proposed to Chapter 19 o delete the bond requirement because existing State statute eempts local municipalities from . requiring different or additio al bonding. MOTION by Councilwoman Jor nson to waive the reading and approve the ordinance on first re ing. Seconded by Councilman Schneider. Upon a voice vote, all oting aye, Mayor Nee declared the motion carried unanimously. 10. FIRST READIN OF AN ORDINANCE AMENDING CHAPTER 24 OF THE CITY CODE OF TRt CITY OF FRIDLEY ENTITLED "JUNK YARDS " BY AMENDING ECTION 24. 02 "APPLICATION, " TO PROVIDE FOR JOINT APPLIC&IfION AS A MOTOR VEHICLE BODY REPAIR BUSINESS AND A JUNK RD AND AMENDING SECTION 24. 03 "FEES" : MOTIO by Councilwoman Jorgenson to waive the reading and approve the rdinance on first reading. Seconded by Councilman Schneider. Up a voice vote, all voting aye, Mayor Nee declared the motion rried unanimously. 11. RECEIVE AN ITEM FROM THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 27 , 1992: A. SPECIAL USE PERMIT REQUEST, SP '#92-05, BY GERALD AND DOROTHY PEHL, TO ALLOW A SECOND ACCESSORY BUILDING OVER 240 SQUARE FEET GENERALLY LOCATED AT 1250 - 1260 MISSISSIPPI STREET N.E. : Ms. Dacy, Community Development Director, stated that this is a request to allow a second accessory building over 240 square feet. She stated that the Planning Commission considered this request to construct a 22 x 24 foot second accessory building in the southeast corner of the site. She stated that the proposed location of this building was over a ten inch sewer main installed in 1955. X FRIDLEY CITY COUNCIL MEETING OF AUGUST 17, 1992 PAGE 14 Ms. Dacy stated that because of the placement of the garage over the sewer line, the Planning Commission recommended approval of this special use permit with four stipulations which she outlined.e She stated that the two stipulations which involve the easement are that the petitioner convey a utility easement for the existing sanitary sewer line and execute a hold harmless agreement releasing the City of any liability to the accessory structure as a result of repairs or replacement of the sanitary sewer line. . Ms. Dacy stated that since that time, the petitioner has given consideration to relocating the building to the west and making it a 29 x 17 foot accessory structure. She stated that this would meet the separation and setback requirements. She stated that if this is done, the stipulations regarding conveying an easement and a hold harmless agreement would not be required. She stated that staff recommends this special use permit be approved with Stipulation Nos. 1 and 4. Councilman Schneider asked if the utility easement should be obtained at this time. .Ms. Dacy stated that because the placement of the accessory building is not directly related to the location of the sewer line, the relationship is not as clear. Mr. Gregg Herrick, Assistant City Attorney, stated that with respect to the special use permit, there can be certain conditions attached if they are directly related to the special use that is requested. He stated that in the case where the garage location is on the side of the home, there would be a direct relation between the easement and the hold harmless agreement. He stated that it would be difficult to have a hold harmless agreement unless there was a defined easement, and it may be of benefit to define the easement. Mr. Herrick stated that if this building is located in back of the garage, the City would not be in any worse position than before the accessory structure was built. Mr. Flora, Public Works Director, stated that he would prefer to have an easement over the line in case the City needs to make any repairs. Mr. Herrick stated that he is not sure the City could force this issue. He stated that if the petitioner agreed to an easement, that would be another matter. Mr. Pehl, the petitioner, stated that he did not know when the sewer was installed; probably sometime in the 19501s. He stated that subsequent to that sewer line being constructed without an easement, the City complicated the problem by having the building within 7-1/2 feet of that sewer line. Councilman Schneider asked Mr. Pehl if he had a problem with granting the easement_. v y FRIDLEY CITY COUNCIL MEETING OF AUGUST 17, 1992 PAGE 15 Mr. Pehl stated that he is here to request a special use permit and not to discuss an easement. Councilman Schneider asked Mr. Pehl if he would grant the City an easement. Mr. Pehl stated that he would not at this meeting. Ms. Dacy stated that even with the alternate location of the building behind the house, if there is a prescriptive easement there now, it may behoove both parties to officially describe that so the property owner knows how much the City can legally use and, on the other hand, the City has some type of access. She stated that as it is now, it is not a defined entity. She stated that staff discussed a recommended easement location with Mr. Pehl. Mr. Herrick stated that a prescriptive easement is one the City has because it has existed for a period of time. He stated that the only way this can be defined is by the court. He stated that in this case, it would be necessary for the maintenance of the sewer line. Councilman Schneider asked if an easement can be acquired by eminent domain. Mr. Herrick stated that he would have to review this further. Mr. Pehl stated that the easement takes up 17 percent of the lot area and comes within three feet of the building, and the sewer line is within eight feet. He stated that his intent is to cooperate, but he did not think a permit should be held over his head to force cooperation. He stated that is cooperation on the City's terms. Councilman Schneider stated that he would like to know what the City' s options are. MOTION by Councilman Schneider to table this item for thirty days for the City Attorney's Office to submit a written list of options and projected costs to acquire an easement. for the sanitary sewer line on this parcel of property. Seconded by Councilwoman Jorgenson. Councilman Billings asked if there was a period of time in which the Council must take action on this request or otherwise, by default, the special use permit is granted. Ms. Dacy stated that the time period is sixty days, unless the petitioner requests the special use permit be tabled. Councilman Billings stated that he did not think that the easement and the special use permit go hand in hand. He felt that the 3N F.RIDLEY CITY COUNCIL MEETING OF AUGUST 17 1992 PAGE 16 special use permit should stand on its own and would not support the motion to table. He did not feel that the thirty days would accomplish anything or change the petitioner's position. Councilman Schneider stated that he did not feel the Council should perpetuate mistakes. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider, Councilwoman Jorgenson, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a 4 to 1 vote. 12 . RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 22 , 1992• A. RESOLUTION NO. 60-1992 APPROVING A SUBDIVISION LOT SPLIT L.S. 92-03 TO SPLIT PROPERTY INTO TWO SEPARATE L GENERALLY LOCATED AT 1376 66TH AVENUE N.E. BY DOUG AN BETH NYBERG) • Ms.. Dacy, Community Development Director, stated th this is a .request for a lot split to divide property between 6 h Avenue and Creek Park Lane in an R-1 zoning district. She s ted that it is proposed to split the parcel into two residentia ots. She stated that both parcels meet the lot area and lot w' th requirements. MOTION by Councilman Schneider to adopt solution No. 60-1992, with the stipulation for the payment of park dedication fee of $750.00, attached as Exhibit A. econded by Councilwoman Jorgenson. Upon a voice vote, all v ing aye, Mayor Nee declared the motion carried unanimously. B. RESOLUTION NO. 61-1992 AP OVING A SUBDIVISION LOT SPLIT L.S. 92-04 TO SPLIT OF THE SOUTH 33 FEET OF LOT 5 BLOCK 2 EAST RANCH ESTATES ND ADDITION GENERALLY LOCATED AT 7787 RANCHERS ROAD N. BY ROBERT SCHROER : Ms. Dacy, Community De v lopment Director, stated that this is a proposal to split off he south 33 feet of Lot 5, Block 2, East Ranch Estates 2nd ddition. She stated that the Planning Commission recomme ed approval with four stipulations, which she outlined. She s ted that staff is recommending approval of the lot split and a option of this resolution. MOTION by Co ncilman Fitzpatrick to adopt Resolution No. 61-1992 with the f ur stipulations attached as Exhibit A. Seconded by Councilma Billings. Counci an Billings asked if an easement was being extended to the .curre t property owners and if any other stipulations were needed in is regard. Community Development Department D PLANNING DIVISION City of Fridley DATE: August 24, 1992 TO: Virgil Herrick, City Attorney FROM: V Barbara Dacy, Community Development Director SUBJECT: Research for Special Use Permit for Second Accessory Building; 1250 - 1260 Mississippi Street N.E. On August 17, 1992, the City Council passed a motion to table the above-referenced item for 30 days for the City Attorney's Office to submit a written list of -options and projected costs to acquire an easement for the sanitary sewer line on this parcel of property. Attached are the minutes from that meeting for your information. If . I can possibly resolve this issue prior to the 30 day time period, I would .like to do so. If you have research completed on this item, please forward it to me as soon as possible; we may be able to place this item on the September 8, 1992 City Council agenda. BD/dn M-92-541 FRIDLEY CITY COUNCIL MEETING OF AUGUST 17 1992 PAGE 13 Mr. Thompson stated that there may also be safety issues involved, and he needs to find out; issues are. from a practical standpoint, at the . UPON A VOICE VOTE TAKEN ON. THE ABOVE MOTION, all oted aye, and Mayor Nee declared the motion carried unanimously 9. FIRST READING OF AN ORDINANCE AMENDING CH TER 19 OF THE CITY CODE OF THE CITY OF FRIDLEY ENTITLED " ED MOTOR VEHICLES " BY DELETING SECTION 19.07 "BOND " AND EATING PROVISIONS FOR JOINT LICENSE APPLICATIONS AS A MO R VEHICLE BODY REPAIR BUSINESS AND USED MOTOR VEHIC DEALER AND AMENDING SECTION 19. 04 "FEE": Ms. Dacy, Community Development Director, stated the City recognizes that some of the auto dy' repair businesses also sell used cars after they have been r aired. She stated that in terms of obtaining a license from t City, it may be easier for these persons to apply for a joint cense. She stated that an amendment is also proposed to Chapt 19 to delete the bond requirement because existing State st ute preempts local municipalities from requiring different or a ditional bonding.. MOTION by Councilwoma Jorgenson to waive the reading .and approve the ordinance on fir t reading. Seconded by Councilman Schneider. Upon a voice vote all voting aye, Mayor Nee declared the motion carried unanimou y. 10. FIRST RE ING OF AN ORDINANCE AMENDING CHAPTER 24 OF THE CITY CODE O THE CITY OF FRIDLEY ENTITLED "JUNK YARDS, " BY AMENDZ14G SECTION 24.02 "APPLICATION, " TO PROVIDE FOR JOINT APP CATION AS A MOTOR VEHICLE BODY REPAIR BUSINESS AND A JLRIKYARD. AND AMENDING SECTION 24.03 "FEES": MOT N by Councilwoman Jorgenson to waive the reading and approve t ordinance on first reading'. Seconded by Councilman Schneider. pon a voice vote, all. voting aye, .Mayor Nee declared the motion carried unanimously. 11. RECEIVE AN ITEM FROM THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 27 , 1992• A. SPECIAL USE PERMIT REQUEST SP #92-05 BY GERALD AND DOROTHY PEHL, TO ALLOW A SECOND ACCESSORY BUILDING OVER 240 SQUARE FEET, GENERALLY LOCATED AT 1250 - 1260 MISSISSIPPI STREET N.E. : Ms. Dacy, Community Development Director, stated that this is a request to allow a second accessory building over 240 square feet. She stated that the Planning Commission considered this request to construct a 22 x 24 foot second. accessory building in the southeast corner of the site. She stated that the proposed location of this building was over a ten inch sewer main installed in 1955. / FRIDLEY CITY COUNCIL MEETING OF AUGUST 17 1992 PAGE 14 Ms. Dacy stated that because of the placement of the garage over the sewer line, the Planning Commission recommended approval of this special use permit with four stipulations which she outlined. She stated that the two stipulations which involve the easement is that the petitioner convey a utility easement for the existing sanitary sewer line and execute a hold harmless agreement releasing the City of any liability to the accessory structure as a result of repairs or replacement of .the sanitary sewer line. Ms. Dacy stated that since that time, the petitioner has given consideration to relocating the building to the west and making it a 29 x 17 foot accessory structure. She stated that this would meet the separation and setback requirements. She stated that if this is done, the stipulations regarding conveying an easement and a hold harmless agreement would not. be required. She stated that staff recommends this special use permit be approved with Stipulation Nos. l and 4. Councilman Schneider asked if the utility easement should be obtained at this time. Ms. Dacy stated that because the placement of the accessory building is not directly related to the location of the sewer line, the relationship is not as clear. Mr. Gregg Herrick, Assistant City Attorney, stated that as far as the special use permit, there can be certain conditions attached if they are directly related to the special use that is requested. He stated that in the case where the garage location is on the side of the home, there would be a direct relation between the easement and the hold harmless agreement. He stated that it would be difficult to have a hold harmless agreement unless there was a defined easement, and it may be of benefit to define -the easement. Mr. Herrick stated that if this building is located in back of the garage, the City would not be in any worse position than before the accessory structure was built. Mr. Flora, Public Works Director, stated that he would prefer to have an easement over the line in case the City needs to make any repairs. Mr. Herrick stated that he is not, sure the City could force this issue. He stated that if the petitioner agreed .to an easement, that would be another matter. Mr. Pehl, the petitioner, stated that he did not know when the sewer was installed, probably sometime in the 1950 's. He stated that subsequent to that sewer line being constructed, without an I asement, the City complicated the problem by having the building within 7-1/2 feet of that sewer line. Councilman Schneider asked Mr. Pehl if he had a problem with granting the easement. ............ ............. .......... ...................... _ _ FRIDLEY CITY COUNCIL MEETING OF AUGUST 17 1992 PAGE 15 Mr. Pehl stated that he is here to request a special use permit and not to discuss an easement. Councilman Schneider asked Mr. Pehl if he would grant the City an easement. Mr. Pehl stated that he would not at this meeting. Ms. Dacy stated that even with the alternate location of the building behind the house, if there is a prescriptive easement there now, it may behoove both parties to officially describe that so the property owner knows how much the City can legally use and, on the other hand, the City has some type of access. She stated that as it is now, it is not a defined entity. She stated that staff discussed a recommended easement location with Mr. Pehl. Mr. Herrick stated that a prescriptive easement is one the City has because it has existed for a period of time. He stated that the only way this can be defined is by the court. He stated that in this case, it would be necessary for the maintenance of the sewer line. Councilman Schneider asked if an easement can be acquired by eminent domain. Mr. Herrick stated that he would have to review this further. Mr. Pehl stated that the easement takes up 17 percent of the lot area and comes within three feet of the building, and sewer line is within eight feet. He stated that his intent is to cooperate, but he did not think a permit should be held over his head to force cooperation. He stated that is cooperation on -the City's terms. Councilman Schneider stated that he would like to know what the City's options are. L ION by Councilman Schneider to table this item for thirty days the City Attorney's Office to submit a written list of options projected costs to acquire - an easement for the sanitary sewer e on this parcel of property. Seconded by Councilwomangenson. Councilman Billings asked if there was a period of time in which the Council must take action on this request or otherwise, by default, the special use permit is granted. Ms. Dacy stated that the time period is sixty days unless the petitioner requests the special use permit be tabled. Councilman Billings stated that he did not think that the easement and the special use permit go hand in hand. He felt that the special use permit should stand on its own and would not support FRIDLEY CITY COUNCIL MEETING OF AUGUST 17 1992 PAGE 16 the motion to table. He did not feel that the thirty days would accomplish anything or change the petitioner's position. Councilman Schneider stated that he did not feel the Council should perpetuate mistakes. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider,. Councilwoman Jorgenson, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a 4 to l vote. 12. RECEIVE THE MINUTES, OF THE PLANNING COMMISSION . MEETING OF JULY 22 ; 1992 • A. RESOLUTION NO. 60-1992 APPROVING A SUBDIVISION LOT SPLIT L.S. 92-03 TO SPLIT PROPERTY INTO TWO SEPARATE LO S GENERALLY LOCATED AT 1376 66TH AVENUE N.E. BY DOUG AN ETH NYBERG) : Ms. Dacy, Community Development Director, stated tha this is a request for a lot split to divide property between 66 Avenue and Creek Park Lane in an R-1 zoning district. She st ed that it is proposed to split the .parcel into two residential ots. She stated that both parcels meet the lot area and lot wi requirements. MOTION by Councilman Schneider to adopt R olution No. 60-1992, with the stipulation for the payment of park dedication fee of $75.0.00, attached as Exhibit A. S conded by Councilwoman Jorgenson. Upon a voice vote, all vot' g aye, Mayor Nee declared the motion carried unanimously. B. RESOLUTION NO. 61-1992 APPR ING A SUBDIVISION LOT SPLIT L.S. 92-04 TO SPLIT OFF E SOUTH 33 FEET OF LOT 5 BLOCK 2 EAST RANCH ESTATES 2 ADDITION GENERALLY LOCATED AT 7787 RANCHERS ROAD N.E. BY ROBERT SCHROER : Ms. Dacy, Community Deve pment Director, stated that this is a proposal to split off t e south 33 feet of Lot 5, Block 2, East Ranch Estates 2nd A ition. She stated that the Planning Commission recommend approval with four stipulations, which she outlined. She .sta d that staff is recommending approval of the lot split and ado ion of this resolution. MOTION by Coun lman Fitzpatrick to adopt. Resolution No. 61-1992 with the fou stipulations attached as Exhibit A. Seconded by Councilman Billings. Councilma Billings asked if an easement was being extended to the current roperty owners and if any other stipulations were needed in thi regard. rl MEMORANDUM r//j TO? c71de Flora', Public Works Director PW92-274 FROM: . Moravetz, Engineering Assistant DATE: September 17, 1992 SUBJECT: Sanitary Sewer Issue Affecting the Pehl Property (1250 Mississippi St) In 1956 the City installed a sewer main from 63rd Avenue to Mississippi Street between Pierce Street and Central Avenue. The project was put in with no easements for whatever reason. County records do not show any easements that were granted nor condemned. The sewer line running from 63rd to 64th has been accommodated with an easement with the platting of Herwal Rice Creek Terrace. However, the sewer line running from 64th to Mississippi Street remains easement free. In 1974 a sewer line was installed from Central Avenue running west along the westerly prolongation of 64th Avenue. This line was fed into the lift station at Central Avenue, leaving the line north of that point as a 'back up' line in the event of a lift station failure. Since the installation of the lift station, only one service line dumps into the sewer main extending through Pehl's property, the service line is from the Holi Haus (building west of Sandees' Cafe). The depth of this "seldom used" sewer line is 16 to 24 feet deep. The existing service for the Holi Haus could be re-routed if a new line was constructed from the existing M.H. southeast of the Pehl property south approximately 400 feet to the sewer system built in 1974. This new line would necessitate an easement from Brickner, owner of part of Lot 3, Auditor's Subdivision No. 88. Another less attractive option would be to install a new service to Mississippi Street. However, the main is 25 to 29 feet deep in street and the County just completed street surfacing improvements to Mississippi Street this summer. If the City were to discontinue use of this 'back up' line, I would recommend putting in an alarm system which the police could monitor. CVM:cz t ' 3 1 El/TE10 cc. _� .-SBP^/tF '•. - :-C—O U N- l` —S-T-A-T-E�k��—t-+t GH WA-Y- -N-4 oa /oo /oo LL' 5c;Jrp 1. zo9�s7 A5 /lS (36) (37) (3a) m masse//L.I SttP.fe.A.` ° `9) �/Do/orfs I/1'oc.Siwe \ \ I \ ^ � Z Q' r, �_(/1.b> Il��. I'60� •. �6 h✓eon✓• h - •° 1 6'�C )(2 1) N zoo /oo AV /oo /Ilofsan 590) AbhS N j3PB3 SSU DIV I 0(V �o so (p� 9174 r ��� �(j e (700) N ,spa r IN �7 7 4 3 =oo) /YlyrY/C LCff//19 °� G/ 5 M q/CriJ L•flgl• 1 e,,il - !vo/wry P. Ask o �o ^ 6e�y,;�a.•, I_ a a*►—�Y�\9 z 119 fr S Tjo ��qg+�F ) Com) GGorae N o \ r".��.._(,R. z , ,rpt .ris h' [� �°, `4�Jc,°� 7 0 �.L� q re C. ° _ T (24) /6 r A9 fpLo Q„7 De/Narnis )/6 " � 33f33 l8 0 I 4 p. (43)T W n (z2) !6�/o rl G.S 9 /.JO nl �... ^ / o.J fGrB'/9'10 E. �:•2"•2'f�1 _v • 6.4 T R ) ^ ^ (4b) I (1) Y l 6 J \ so So •:� � W� / 31 .,,,, Y\ �:i Fob �C�+s) I �/'�:aJ r1;f 4L 0. /(5b) KE4 13L �- /7o.F3 � a ' /So./� / / o �J©'` r .✓.er-,ye-,n w. � . o(r('� » 2-L._i/,>—� �zo(5 S) 0 0 q 7g (33) �7 29 IL 6,! V3 µ tii,, ( r a D.ae-ww 3ArBv o S�. (73) (To) ^�` ° /f� n }�(`�b ao i A 5 44 f-t, '/ ¢87 "I PPO N 19 44C -t+sr �.r,,y/..,.'s.•F•"r T:7o�. u .y�f __..... 11 ° tt.d•er�tbg6��`/ •':C}... 3 - L �r195 ff 1 fIo /30.9 ���'n :r:re� �� � Wk�0` � _:;'�G �� � .,P./�!:��N r�'• �___ o)Cy` fel� 2 9? 309-.24 4•' ... .. o �� � i� lq) / 1 n ti � o porl,�/'1.(,4o.�fsG p h vo .yrsva AUDITORS ; ,F � �'�� AUD. 16, 20 _ 1 O•L67 *—_--_-- ___ ---- --- � ,16 -198. s9Z•+ l,.s � I ldC�1551.SS1 W � 't Sri ! i 1-Iw H ' ! 'O' 268 � LU .. . 1 '�8F- �F FC� INFO— y -- `.L) ...._.. f , O 1 i I i f I f + NJ _ =� 41it i , Hw , LAI-1 1 '� �- ..a__.__•_.` , d 1 1 � � vy 1 , DOS v� a � GOL, I J VVI— C] Community Development Department PLANNING DIVISION City of Fridley DATE: September 18, 1992 TO: William Burns, City Manager FROM: Barbara Dacy, Community Development Director SUBJECT: Special Use Permit, SP #92-05, ' by Gerald and Dorothy Pehl ; 1250-1260 Mississippi Street N.E. At the August 17 , 1992 meeting, the City Council tabled action on this item in order for the City Attorney to research the costs and procedures necessary to condemn that portion of the property over the existing sewer main. At the August 17, 1992 meeting, the petitioner proposed an alternative location for the second accessory building in order to . avoid placing the building over the sewer line (see attached revised site plan) . Because of the revised location, City staff at the meeting recommended that Stipulations #2 and #3 requiring a utility easement and a hold harmless agreement were not necessary. Recommendation Should the City Council approve the special use permit request based on the alternative location of the second accessory building, the following stipulations are recommended: 1. The accessory structure shall be architecturally compatible with the existing dwelling unit and shall not exceed 14 feet in height. 2 . The accessory structure cannot be used for the conduct of a _ home occupation as defined in thezoning code. BD/dn M-92-593 3 612 780 1777 FROM BARNA GUZY LAW MPLS. 9. 18. 1992 14:43 P. 2 MEMORANDUM TO: 'william Burns, City Manager FROM: Virgil Herrick, City Attorney RE: Easement for Sanitary sewer Line; 1250 - 1260 Mississippi Street NE DATE: September 18, 1992 I have been asked by the city council to advise them as to their options regarding the sanitary sewer line at the above properties. My understanding of the facts are as follows: in 1955 the city installed a sanitary sewer line which crosses the above property. The line was installed by Peter Lamette and Company. There .is no recorded easement for this sewer line and the city staff has not been able to find any . unrecorded easement in the city files. At the time of the construction, the property was owned by .the Gottwaldt family. At that time this family owned substantial real- estate in the general vicinity of this property. A reasonable assumption is that the city and Lamette obtained the permission of the Gottwaldts to construct the sewer line but neglected to obtain an easement from them at that time. The existing building on the property was constructed in 1962, the owner at that time was Robert B. Zuehlke and the contractor was Carl E. Bennett Construction Company. It is my understanding that the structure was constructed approximately 10 - 12 feet from the existing sewer line. In my opinion the city has three options regarding the existing sewer line and the lack off an easement therefore. These are: (1) to attempt to negotiate the acquisition of an easement from Mr. and Mrs. Pehl, the present owners of the property. The city should also determine whether this sewer line is on adjacent. properties and, if so, an attempt should be made to secure easementz from the adjacent owners. (2) If the city is not successful in negotiating the acquisition of an easement, it could acquire the easement by condemnation proceedings. The usual procedure would apply that is; the city would commence the action by a petition; the court would establish condemnation commissioners to determine the value; if either party is not satisfied with the award, they have the right to appeal to the district court. If this procedure is followed, the city could make the argument that the property owner is not entitled to compensation for the easement because the city has acquired the easement by a prescriptive right. Whether the city would be able to establish all of the elements necessary to obtain an easement by prescription is uncertain at this time. (3) The city could decline to take any action and allow the status quo to continue. Diz (OU if ( ( 1 FROM BARNA GUZV LAW MPL5. 9. 18. 1992 14:44 P. 3 The downside risk to this position is that if it is necessary to repair the existing line the city would not have access to the property. if the city chose the third alternative, the property owner could commence an adverse condemnation proceeding to require the city to acquire an easement. if this were done., the proceeding would be the same as in the second alternative except that the action would have been commenced by the landowner rather than the city. I have had some discussion with John Flora regarding the use of the sanitary sewer line. He advises me that only one property is served by this line that being the Holly House directly west of Sandeets Cafe, it might be possible to service this property in some other means and abandon the sewer line that is on the pehl property. The comparative cost against this alternative should be weighed against the cost of obtaining an easement for the existing line. FRID EY CITY COUNCIL MEETING OF SEPTEMBER 21 92 PAGE 4 MOTION by Councilwoman Jorgenson to w ' e the reading and adopt Ordinance No. 1001 on the second r ding and order publication. Seconded by Councilman Schneide Upon a voice vote, all voting aye, Mayor Nee declared the on carried unanimously. 2. ORDINANCE NO. 10 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY MINN A BY MAKING A CHANGE IN ZONING DISTRICTS REZONING RzdbEST, ZOA 92-05 BY MCCOMBS FRANK ROOS & ASSOCIATE-g' INC. FOR WAL-MART STORES INC. ) : MOTIONCouncilman Fitzpatrick to waive the reading and adopt Ordin ce No. 1002 on the second reading and order publication. Se ded by Councilwoman Jorgenson. Upon a voice vote, all voting e, Mayor Nee declared the motion carried unanimously. 3. RECEIVE AN ITEM FROM THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 27, 1992 (,TABLED AUGUST 17, 1992) : A. SPECIAL USE PERMIT REQUEST, SP #92-05, BY GERALD AND DOROTHY PEHL, TO ALLOW A SECOND ACCESSORY BUILDING OVER 240 SQUARE FEET GENERALLY LOCATED AT 1250 1260 MISSISSIPPI STREET N.E. • Mayor Nee removed this item from the table. Ms. Dacy, Community Development Director, stated that this is a request for a special use permit to allow a second accessory building over 240 square feet. She stated that a duplex now exists on the property. Ms. Dacy stated that when the petitioner appeared before the Planning Commission in May, he was proposing a 22 by 24 foot accessory building in the southeast corner of the property and over a portion of a ten inch sewer main. She stated that the Council reviewed this request at their August 17 meeting, and the petitioner stated that he did not want to,give the City an easement as part of the stipulations for approval of the special use permit. Ms. Dacy stated that the petitioner has relocated the proposed accessory building to the south of the existing duplex and changed the dimensions to 29 by 17 feet. She stated that staff recommends -approval of this revised plan. Councilman Schneider asked Mr. Pehl if he was in agreement with the stipulations and if he realized that he could not use the accessory building for a home occupation. Mr. Pehl replied in the affirmative. MOTION by Councilman Schneider to grant Special Use Permit Request, SP #92-05, with the following stipulations: (1) the accessory structure shall be architecturally compatible with the existing dwelling unit and shall not exceed 14 feet in height; and (2) the FRIDLEY CITY COUNCIL MEETING OF SEPTEM 21 1992 PAGE 5 accessory structure cannot be d for the conduct of a home occupation as defined in the Zo 'ng Code. Seconded by Councilwoman Jorgenson. Upon a voice vot , all voting aye, Mayor Nee declared the motion carried unanim sly. 4. RECEIVE AN ITEM FROM THE MINUTES OF THE APPEALS COMMISSION MEETING OF AUGUST 18, 1992 (TABLED SEPTEMBER 8, 1992) : A. SPECIAL USE PERMIT REQUEST, SP #92-05, by GERALD AND DOROTHY PEHL TO ALLOW A SECOND ACCESSORY BUILDING OVER 240 SQUARE FEET, GENERALLY LOCATED AT 1250 - 1260 MISSISSIPPI STREET N.E. Mayor Nee removed this item from the table. Ms. Dacy, Community Development Director, stated that this request involves two variances: one is to upgrade a structure beyond fifty percent of the value of the structure, and the other is to allow habitation of this dwelling even though it is less than 1,020 square feet. She stated that the Acting Building Official has verified that the cost to upgrade the structure would far exceed fifty percent of the value. Ms. Dacy stated that the Appeals Commission has recommended denial of this request. She stated that the Council tabled this item for further research and information from the Assessor's Office and from the Acting Building Official. She stated that the petitioner, Mr. Luebeck, was contacted and advised to attend the meeting this evening. She stated that staff also recommends denial of the variance request. Councilman Schneider stated that the home was a legal non- conforming use, but was abandoned and lost its legal non-conforming status since it was abandoned for over a year. He stated that as it stands now, it is an illegal non-conforming use. He stated that the value of the structure itself is around $12,000, and the improvements are estimated at $14, 000. Ms. Dacy stated that this estimate for the improvements is only for the roof and the foundation. Councilman Schneider stated that to bring the structure into compliance with the Code would exceed over fifty percent of the value. He stated that he is sympathetic to Mr. Luebeck's problem; however, on April 1, 1991, the City sent a letter to the Department of Veterans Affairs indicating that this property was inadequate, and that there were structural problems with the home. Councilman Schneider stated that he did not think it was in the best interests of the community to allow improvement of the home since it does not meet the City's building standards. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 21, 1992 PAGE 6 MOTION by- Councilman Schneider to concur with the recommendation of the Appeals Commission and deny Variance Request, VAR #92-17. Seconded by Councilwoman Jorgenson. Councilwoman Jorgenson requested that a letter be sent to the Department of Veterans Affairs advising them of the Council 's action. She felt that the petitioner, Mr. Luebeck, may have some legal action against them for selling this property. Mr. Herrick, City Attorney, stated that. he did not know what discussion took place between the Department of Veterans Affairs and Mr. Luebeck, but he could certainly write a letter to them. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. . MOTION by Councilwoman. Jorgenson to direct staff and the City Attorney to send a letter to the Department of Veterans Affairs reaffirming the City's letter of April 1, 1991 and acknowledging the fact that this item came before the Council as a non-conforming. use, and the request for the variances to improve the property was denied.. Seconded by Councilman Schneider. Upon a. voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. APPROVE A JOINT POWERS AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE COUNTY OF ANOKA FOR RECONSTRUCTION OF COUNTY STATE AID HIGHWAY NO. 6 BETWEEN CENTRAL AVENUE AND STINSON B EVARD (TABLED SEPTEMBER 8, 1992) : Mayor Nee removed this item from the table. Mr. Flora, Public Works Director, stated that he wording has been corrected in this agreement, and he re sts that the Council consider entering into this joint power agreement. MOTION by Councilman Schneider to d' ect the Mayor and City Manager to execute this Joint Powers reement with Anoka County for reconstruction of County Stat id Highway No. 6 between Central Avenue and Stinson Boulevard Seconded by Councilwoman Jorgenson. Upon a voice vote, all vo ng aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 6. RESOLUTION O. 72-1992 IN SUPPORT OF A MINNESOTA LAWFUL GAMBLING APPLICATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENS TO THE NEW BRIGHTON DUCKS UNLIMITED: Mr. Pr' yl, Finance Director, stated that this is an application for emption from a lawful gambling license for the New Brighton DuqXs Unlimited organization to hold a raffle on October 28, 1992 the Knights of Columbus Hall. F rjAdw W�k_tt P, CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612)571-3450• FAX(612)571-1287 September 28, 1992 Mr. and Mrs. Gerald Pehl 1250 Mississippi Street Fridley, MN 55432 Dear Mr. and Mrs. Pehl: Now that the special use permit for your accessory use building has been approved by the City Council, I am hopeful that we can resolve the sewer line issue. As a follow-up to our telephone conversation of last week, I would like to propose that the City of Fridley provide you with an agreement that indemnifies you from any damage to your property or liability to persons using or residing. on your property as a result of the presence of the sanitary sewer line on your property. A copy of the Indemnity Agreement is enclosed. In exchange for indemnification, we would ask that you provide us with the easement described in the enclosed document. Please examine the Indemnity Agreement and Easement and let me know if they meet with your approval. If they do, I will move immediately to have the Indemnity Agreement considered by Council at the earliest possible date. Thank you for your help and cooperation on this matter. I hope that the work on your accessory building is not delayed by weather. Sincerely, William W. Burns City Manager WWB:rsc Enclosures Gerald/Dorothy Pehl 50.00-- � SIf1Pl��ET — 'AN-, 73'8'3" v 5 a V-14 M 1� ---153.16 O i fi IEXIST. -TWIN 3.07 n to I HOME I \ a v>1 � N � + 12.87��/ \, 1 - — —152-66— 1 a 14.25�7�� 8-74 104 V o o l . 1 oo \ �-7 CITY OF SANITARY SEWER LOCATION ® 1250 MISSISSIPPI ST. DR � DATES ISCALDFRI" LE i� so'S 3 5/22/92 INDEMNITY AGREEMENT This agreement was made this day of October, 1992, between the City of Fridley, Minnesota, a municipal corporation, (hereinafter called"Indemnitor"), and Gerald and Dorothy Pehl, husband and wife (hereinafter called "Indemnitees"), WITNESSETH: WHEREAS, the Indemnitor installed a ten-inch sanitary sewer main in the year 1956 on property located at 1250 Mississippi Street, in the City of Fridley, County of Anoka, State of Minnesota; and, WHEREAS, the Indemnitor failed to acquire an easement from the property owner at the time of said installation; and, WHEREAS, the Indemnitees wish to insure protection from damages and liability that might occur as a result of the existence of the sanitary sewer main; NOW, THEREFORE, in consideration of the presentation of the easement from the Indemnitees, the Indemnitor agrees that it will, at all times hereafter, indemnify the Indemnitees against, and save the Indemnitees or future owners of the property located at 1250 Mississippi Street, in the City of Fridley, County of Anoka, State of Minnesota, harmless, from any property damages that might occur as a result .of the failure of the sanitary sewer main or repairs made to the sanitary sewer main by the Indemnitor. The Indemnitor further agrees to indemnify the Indemnitees against all liability to persons residing at or using the property located at 1250.Mississippi Street, in the City of Fridley, County of Anoka, State of Minnesota, from any claims for damage to persons as a result of the failure of the sanitary sewer main. This contract of indemnity shall continue in force from the date of this contract for an indefinite period of time. This agreement shall be binding on and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. Gerald Pehl Dorothy Pehl CITY OF FRIDLEY By William W. Burns City Manager STATE OF MINNESOTA) ss. COUNTY OF ANOKA ) Subscribed and.sworn to before me this of October, 1992, by Gerald Pehl and Dorothy Pehl, husband and wife. Notary Public STATE OF MINNESOTA) COUNTY OF ANOKA Subscribed and sworn to before me this day of October, 1992, by William W. Burns, the City Manager of the City of Fridley, Minnesota, a municipal corporation. Notary Public r Easement Individual(s) to Corporation(s) or Partnership No delinquent taxes and transfer entered; Certificate of Real Estate Value ( } filed ( ) not required Certificate of Real Estate Value No. 19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Date 19 FOR VALUABLE CO NSI DERATION,Gerald A. Pehl and Dorothy T. Pehl, Husband and Wife, Grantor(s), hereby convey(s) an easement to the City of Fridley, Grantee, a Municipality under the laws of Minnesota, real property in Anoka County, Minnesota, described as follows: A utility easement lying easterly of the following described line: commencing at the northeast corner of Lot 15, Auditor's Subdivision No. 88, thence west along the north line of said Lot 15 a distance of 50 feet to the point of beginning. Thence deflect to the left in a southeasterly direction 106 degrees 51 minutes 57 seconds to the south line of the north 128 feet of said Lot 15 and there terminating. Excepting the north 33 feet thereof. Subject to easements of record. The City of Fridley hereby accepts this easement for utility purposes. Shirley A. Haapala, City Clerk Gerald A. Pehl - Husband Dorothy T. Pehl - Wife STATE OF MINNESOTA ) )ss County of Anoka ) The foregoing instrument was acknowledge before me this day of , 19 , by Gerald A. Pehl and Dorothy T. Pehl - husband and wife, Grantor(s). ' THIS INSTRUMENT WAS DRAFTED BY: Signature of Person Taking Acknowledgement City of Fridley City of Fridley 6431 University Ave., N.E. 6431 University Ave., N.E. Fridley, MN 55432 Fridley, MN 55432 MEMORANDUM G Municipal Center _ 6431 University Avenue N.E. Office of the City Manager Fridley, MN 55432 William W. Burns ITYOF. (612) 571-3450 FRJDLEY TO: File FROM: William W. Burns, City Manager` DATE: January 7, 1993 SUBJECT: Sewer Line - Pehl Property, 1250 Mississippi Street On Wednesday, January 6, 1993, between 3:00 p.m. and 3:45 p.m. I met with Gerald Pehl, Dorothy Pehl, Attorney James Neilson, Virgil Herrick and John Flora. Mr. Neilson began by stating that Mr. and Mrs. Pehl bought their property on Mississippi Street without knowledge of a sewer line. They became aware of the existence of a sewer line on the property when Mr. Pehl attempted to get a special use permit from the City to build a garage. At that time, he was told he had to give -us an easement for the sewer line in exchange for the special use permit. Subsequently, the City dropped that demand and granted the special use permit. Mr. Neilson stated that his clients bought the property subject to easements and parties in possession (adverse possession). He did say, however, that the items to which Mr. and Mrs. Pehl were subject to were those that were recorded at the County or those that were visible when the property was bought. Since the sewer line was not visible, it is Mr. Neilson's contention that Mr. and Mrs. Pehl are not obligated to continue to have the sewer line on their property. They want the sewer line removed, even though it may have been constructed with the consent of the previous property owner. Mr. Neilson said that Mr. Pehl has a right to withdraw his consent and require the removal. Mr. Neilson identified the property as Lot 15 of Auditor's Subdivision No. 88. He said that the problem his client has with the sewer line is that the pipe is only 7.85 feet from the northeast corner of the house. He also has a problem in that he feels that the sewer line will have a negative impact on the future value of the house. An appraiser, Mr. George Johnson of Appraiser Analysts, has estimated that the reduced value is about $24,000. Memo to File Sewer Line - Pehl Property January 7, 1993 Page Two Virgil Herrick stated that this assessment of potential damage is very speculative. Mr. Neilson said that it would have to be determined in court. He also said he recalls a very unique case in the City of Anoka that occurred two or three years ago. The implication is that the case was settled in favor of the property owner. He implied in his statements that he felt that the property owners would win if this case went to a jury. Mr. Neilson asked what the City had to propose to resolve the matter. I pointed out that in September, 1992, we had proposed that Mr. and Mrs. Pehl be indemnified and that we did not hear from them for several months. We felt that before proceeding, we needed a response to our original proposal. Mr. Neilson responded by saying that Mr. and Mrs. Pehl will not give us the easement requested in my letter dated September 28, 1992. Virgil asked if there were any alternative solutions they would accept, other than removing the sewer line. Mr. Neilson said they would accept moving the sewer line to the �me�f the property. We ended the meeting by discussing several other potential alternatives. We talked about injecting the line with Insituform, a process that would expand the life of the sewer line indefinitely. We also spoke briefly about the possibility of vacating the line and tying the Holly house either directly to Mississippi Street or the lift station to the south. Ultimately, those present at the meeting on behalf of the City agreed that we would consider the points raised by Mr. and Mrs. Pehl and Mr. Neilson and contact them. Mr. Neilson agreed.to make copies of the abstract of title he had brought and forward them to Virgil Herrick. We also briefly discussed with Mr. and Mrs. Pehl and Mr. Neilson the possibility of amending the indemnification agreement previously sent to them on September 28, 1992, to include language that would allow them to recover attorney's fees for any legal action they might have to take in order .to enforce the indemnification agreement. WWB:rsc c: Virgil C. Herrick, Esq. Jo n G. Flora, Public Works Director arbara Dacy, Community Development Director All� 00 D53 �oti� [-� Community Development Department t� PLANNING DIVISION City of Fridley DATE: August 13 , 1992 TO: William Burns, City Manager FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Special Use Permit Request, SP #92-05, by Gerald and Dorothy Pehl ; 1250-1260 Mississippi Street N.E. Attached please find the above-referenced staff report. The petitioner requests that a special use permit be granted to allow the construction of a second accessory building over 240 square feet. The Planning Commission voted unanimously to recommend approval of the request to the City Council, with the following stipulations: 1. The accessory structure shall be architecturally compatible with the existing dwelling unit, and shall not exceed 14 feet in height. 2 . The petitioner shall convey a utility easement for the existing sanitary sewer line. 3 . The petitioner shall execute a hold-harmless agreement which releases the City of any liability to the accessory structure as a result of repairs or replacement of the sanitary sewer line. 4 . The accessory building cannot be used for the conduct of a home occupation as defined in the Zoning Code. Staff recommends that the City Council concur with the Planning Commission action. The Planning Commission reviewed this request at its May 27, 1992 meeting. The petitioner subsequently requested that the item be tabled to allow time for review of the easement requested by the City and for summer vacations by both the petitioner and his legal counsel. The petitioner also wanted to have additional time to evaluate an alternate location for the accessory structure. The City is requesting an easement to cover an existing ten inch 11 ► . I' S Pehl Special Use Permit, SP #92-05 August 13, 1992 Page 2 corrugated metal sanitary sewer pipe. The pipe was installed in 1955 and the house was constructed in 1962 . The pipe is at a depth of over 20 feet. An easement at the time of construction was not obtained for some unknown reason. Because of the depth of the pipe, the northeast corner of the property is proposed to be reserved by an easement to permit access for the City. The easement is triangular in shape (see attached drawing) and is located such that if dredging had to occur, adequate room is provided on the east side of the pipe to store the excavated dirt and to provide adequate room for use of cribbing during repair of the pipe. There is not enough room west of the pipe because of the location of the structure. MM/dn M-92-401 11A i /`Q.�d �v Appraisal Analyst's 2841 Johnson St. N.E. Minneapolis, MN 55418 (612) 781-0151 (612) 781-1043 August 28 , 1992 i Mr. and Mrs. Gerald Pehl .3 1260 Mississippi St. N.E. Fridley, MN 55432 Re : Market value appraisal of property located at: + 1250-1260 Mississippi St. N.E. , Fridley, MN 55432 l In accordance with your request, I have made an appraisal of the above referenced property for the purpose of estimating its ' market value as of August 26, 1992 . The appraisal is to be used as a basis for establishing the just icompensation to which the owner is entitled for the property. Market value is defined as being the highest price, estimated in terms of money, that a willing buyer would pay a willing seller; both parties being familiar with the property and all the uses to l which it might be put, allowing a reasonable time for exposure in the market. As a result of the appraisal and analysis ; it is my opinion that the current market value of said property is : Estimated Before Value-------------------------------$157, 000 . 00 Estimated After Value--------------------------------$132, 400.00 Estimated Damages------- $ 24.,-6i00 00 a M i George E. J on, IFAC Appraise unselor MN Lice s 00577 GEJ:kh k 4 3C Community Development Department PLANNING DIVISION City of Fridley DATE: September 10, 1992 TO: Virgil Herrick, City Attorney FROM: Barbara Dacy, Community Development Director SUBJECT: Gerald Pehl Special Use Permit Attached is Mr. Pehl 's appraiser's analysis of the damage to the property supposedly after an easement is reserved on the property for the sewer line. Please include this in your analysis for a condemnation procedure to acquire the easement on this property. Please call me if you have any questions. BD/dn M-92-578 4 AWCIIYOF F14DLLY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432-(612)571-3450- FAX (612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE September 24 , 1992 Gerald and Dorothy Pehl 1250 Mississippi Street N.E. Fridley, MN 55432 Dear Mr. and Mrs. Pehl: On September 21, 1992 , the Fridley City Council officially approved your request for a Special Use Permit, SP #92-05, to allow a second accessory building over 240 square feet, on the North 213 . 0 feet of that part of Lot 15, Auditor' s Subdivision No. 88 , lying East of Moore Lake Highlands 1st Addition except the South 85 feet thereof and also except the North 33 feet thereof, generally located at 1250-1260 Mississippi Street N.E. , with the following stipulations: 1. The accessory structure shall be architecturally compatible with the existing dwelling unit and shall not exceed 14 feet in height. 2 . The accessory structure cannot be used for the conduct of a home occupation as defined in the zoning code. You have one year from the date of City Council action to initiate construction. If you cannot begin construction in time, you must submit a letter requesting an extension at least three weeks prior to the expiration date. Pehl SP 492-05 September 24, 1992 Page 2 If you have any questions regarding the above action, please call me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by October 8, 1992. Concur with action taken i STXTE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS CbUNTY OF ANOKA ) SPECIAL USE PERMIT CITY OF FRIDLEY ) 1062522 In the Matter of: a special use permit, SP X692-05 Owner• Gerald and Dorothy Pehl The above entitled matter came before the City Council of the City of Fridley and was heard on the 21st day of September , 19 92 , on a petition for a special use permit pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To allow a second accessory building, over 240 square feet, on the North 213.0 feet of that part of Lot 15, Auditor's Subdivision No. 88, lying East of Moore Lake Highlands 1st Addition except the South 85 feet thereof and also except the North 33 feet thereof, generally located at 1250-1260 Mississippi Street N.E. IT IS ORDERED that a special use permit be granted as upon the following conditions or reasons: Approval with two stipulations. See City Council minutes of September 21 , 1992. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, William A. Champa, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a special use permit with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the day of 19 ?13 DRAFT)D BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 - William A. Champa, City Olerk,, n>c5'EAL) t • FRIDTjEY CITY COUNCIL MEETING OF SEPTEMBER 21 1992 PAGE 4 MOTION by Councilwoman Jorgenson to waive the re ing and adopt Ordinance No. 1001 on the second readingan rder publication. Seconded by Councilman Schneider. Upon oice vote, all voting aye, Mayor Nee declared the mo=THE d unanimously. 2. ORDINANCE NO. 1002 TOTY CODE OF THE CITY OF FRIDLEY MINNESOTA B KING A CHANGE IN ZONING DISTRICTS REZONING RE UEST OA 92-05 BY MCCOMBS FRANK ROOS & ASSOCIATES IN FOR -.T-MART STORES INC. ) : MOTION by C cilman Fitzpatrick to waive the reading and adapt Ordinanc o. 1002 on the second reading and order publication. Seconby Councilwoman Jorgenson. Upon a voice vote, all voting a Mayor Nee declared the motion carried unanimously. 3. RECEIVE AN ITEM FROM THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 27 1992 (TABLED AUGUST 17, 1992) : A. SPECIAL USE PERMIT REQUEST SP #92=05 BY GERALD AND DOROTHY , PEHL TO ALLOW A SECOND ACCESSORY BUILDING OVER 240 SQUARE FEET GENERALLY LOCATED AT 1250 1260 MISSISSIPPI STREET N.E. • Mayor Nee removed this item from the table. Ms. Dacy, Community Development Director,. stated that this is a request for a special- use permit to allow . a second accessory building over 240 square feet. She stated that a duplex now exists on the property. Ms. Dacy stated that when the petitioner appeared before the Planning Commission in May, he was proposing a 22 by 24 foot accessory building in the southeast corner of the property and over a portion .of a ten inch sewer main. She stated that the Council reviewed this request at their August 17 meeting, and the, petitionerstated that he did not want to give the City an easement as part of the stipulations for approval of the special use permit. Ms. Dacy stated that the petitioner has relocated the proposed accessory building to the south of the existing duplex and changed the dimensions to 29 by 17 feet. She stated that staff recommends approval of this revised plan. Councilman Schneider asked Mr. Pehl if he was in agreement with the stipulations and if he realized that he could not use the accessory building for a home occupation. Mr. Pehl replied in the affirmative. MOTION by Councilman Schneider to grant Special Use Permit Request, SP #92-05, with the following stipulations: (1) the accessory structure shall be architecturally compatible with the existing dwelling unit and shall not exceed 14 feet in height; and (2) the �ti 1 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 21, 1992 PAGE 5 accessory structure cannot be used for the conduct - of a home occupation as defined in the Zoning Code. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.- 4. nanimously.4. RECEIVE AN ITEM FROM THE MINUTES OF THE APPEALS COMMIS ON MEETING OF AUGUST 18, 1992 (TABLED SEPTEMBER 8, 1992) : A. SPECIAL USE PERMIT REQUEST, SP 92-05 by GEkALD AND DOROTHY PEHL TO ALLOW A SECOND ACCESSORY BU DING OVER 240 SQUARE FEET GENERALLY LOCATED AT 1J50 - 1260 MISSISSIPPI STREET N.E. Mayor Nee removed this item from the table. Ms. Dacy, Community Development Director, stat d that this request involves two variances: oneis to upgrade a s ructure beyond fifty percent of the value of the structure, and the other is to allow habitation of this dwelling even though. it is less than 1,020 square feet.. She stated that the Acti g Building Official has verified that the cost to upgrade. the tructure would far exceed fifty percent of the value. Ms. Dacy stated that the Appeals Co ission has recommended denial . of this request. She stated that a Council tabled this item for further research and informatio from the Assessor's Office and from the Acting Building Off icia . She stated that the petitioner, Mr. Luebeck, was contacted and advised to attend the meeting this evening. She stated that aff also recommends denial of the variance request. Councilman Schneider st ed that the home was a legal non- conforming use, but was andoned and lost its legal non-conforming status since it was ab doned for over a year. He stated that as it stands now, it is a illegal non-conforming use. He stated that the value of the s cture itself is around $12,000, and the improvements are es imated at $14, 000. Ms. Dacy stated t t this estimate for the improvements is only for the roof and th foundation. Councilman S neider stated that to bring the structure into compliance with the Code would exceed over fifty percent of the value. He ated that he is sympathetic to Mr. Luebeck's problem; however, o April 1, 1991, the City sent a letter to the Department of Veter s Affairs indicating that this property was inadequate, and tha there were structural problems with the home. Counc' man Schneider stated that he did not think it was in the best interests of the community to allow improvement of the home J sine it does not meet the City's building standards. '' 1062522 Numerica� Grantor 1— Grantee Recorded, Checked F' Margin Tr. Index �n 4A OFFICE OF COUNTY RECORDER STATE OF MINNESOTA, COUNTY OF ANOVA I hereby certify that the within instru- ment was filed in this office for record on the_- AUG 31193 jo„o'cioc;M., and vjas duly recorded. i.dA-aA hi, 7reska. unry Recorder P? C� ` art C� SP #92-05 _.' rraa1d/Dorothy Peh] /P101111in9IrA ..� _ 6875 lql h si-veyny T stingy.: :::: �=. :,.: ' .. •• .. N.G-1 N EE.Ri N G _I N �• -f V •�N/'dy .Y..•�ii'L�• .:1'''.'•i• !��` .{• a•. •i' ••i •.C�' •i cry�i' 't�•a.{j 'r •�:T. 1 'C ^.S- S •. •% •Nt L'/•i.•. .!•-.. .•��• .T'• .'t.•,.�•�.-.• •Iy.• 't:_ r.� :T� _.•1'7•• ,•.S ,!„ f � ••4 �' Y;.•• ,yr,.,.•'�(!�. •'i•'. •�•:I !�,:. wj .r,f �i•:,{r'� .I• �1�.• surm•��°tPP =, InV V•.J. .•r�. � •. "+ r •� r �L %-�Ys•�.; �'i Nf�•�. ..:��;� L''� r •�'t 7•{' �,•j' ii S .1 t, t� �• :•►� Y. \ .� . '' set• _ t'. / a •i+j y, t•'•" !l ): i ti � .7�=r ti• �,S,f� r. s� •r�! ` .!J!r ��t' /e'.� Yw < �•L•L s.1 %r•�e��� ,� � �Sr ni!• .fl.�i. ." 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I the North 33.0 feet thereof,.': ' P 1 /hcrvby cerfiCMof ffiis rs o bw and correc f representation I �• Pr on o�'a sLrvey �'ffx bPvndories of abotr dcscrY& le /ocpflon o�all lv rldin�c S , &reon , and oll ri5i6/e ax�vchmeals , ��'ony, fnyn or a7 said /and. As surve ed /,,,me �tus, y ".� SU8 U28AN ENGINEERING , INC. 6 ILI ty �• o i . ,i I . '.1 1 I , ( � h ' �, �� i ,�� Ill . • . ; _ .' i o ILA Tk 1 � , .. 1 � 1 rl�L ay.�'+i -'tr<- !-i•...A�1t-r.. - .>yy. •a., .:,�. :��;•r l.•.;:'[•�.•r•a•' ..t!'.�:•'4 .'F'-�� - '`'. 'f :.�"�' _. � ✓ _ - - .. - i I/ \ i.•t . c � - � � ,� \ i ' `` it - - - _ D IJ T0000 W E LE Tr 0 � I � ` ' ;.v � ��* � � ( `r�..!•�� ;�"+.r, « ��r e<'rtr •+� Vit; Co I "� •• , f far 1 - .�17 �, �.t.'y t} K^'* .� •- -... . .___- ` .._.._ I. r .v 5 'r i t '1 ( ITIrb tj . • I ., � '� f I ...._.{� 1'-'L'I'" — ��"�-zit"_=I�,_....__.� ' 11 al I I I I i i i I I I i' I ! I I b i � I 1 I O m CA-0 5- 0 kxll, 2' _ArN I j I � •'I � ' e i I I i I � I I j I FZLlS N i O'fCt3�lD �NSUL ' b. n: 'I �' � � j +, I illi i •_._.- I � I I � ; .. 1� , ' Q• + � � I �i � � � ! � I ; ' � IIS , � I : I i i i O 1 � I ;II Ill I jI � �. I I 1 'I �I i I li I i I II • 'dol• .. L(nid Plawn'tly 667.5•�li9hn Colkf Surveyiny SorIS restiiicf ! ENGINEERING, INC.Civil 6- Afunkipal Al) Enpeenr y -- cn sneers Sur ve ors c erti" f ica,te of suave fo 1 j I I Jr I j g4 i i .. Zq Q Doo-.s A/vT /,✓cGuDE ��O ,�1P��PaX. /p•� EAYE -4-S/DES .. �•• /t: / 1i;J � i /1 �/ I' t•. f I lei: /, .. ' � .� '' r / �• � •f`. ' � The North 213. 0 Feet of that part of Lot Il� kuditor' s Subdivision No. 88 Anoka County, 14,inncsota Zyi.na Fast o.�€' T• oore Lake Highlands Is'%-, ?dd ition except the South' 8c�.a feet thareof and also except the North 33 .0 feet thereof. l hereby cerhfiy fhaf fhls is a Prue and corned represenlofron ora survey Obe bovndories oj'flie aboye o4scr; v�'� locvlion o011 burldfn9s , thereon , and oll ri5/6/e efaroQchr,7enIs ,<x ,717J, fnxn or of 7 said land. As surreyed by me A A.D. 19-L_ . .SUB Uf28AN ENGINEERING , INC. ttY4'. ..�. �.-../•w .rte , ...,. L• yncers E- Surywor's . r•.